N.Y. General Business Law 89-H – Requirements for a registration card
§ 89-h. Requirements for a registration card. To qualify for a registration card to perform security guard functions, an applicant shall fulfill the following requirements:
Terms Used In N.Y. General Business Law 89-H
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Applicant: shall mean an individual who has filed an application with the department for a security guard registration card. See N.Y. General Business Law 89-F
- Department: shall mean the department of state. See N.Y. General Business Law 89-F
- Division: shall mean the division of criminal justice services. See N.Y. General Business Law 89-F
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Registration card: shall mean a photographic identification card issued by the department, including a special armed guard registration card signifying that the individual identified thereon has been authorized by the department to perform security guard functions. See N.Y. General Business Law 89-F
- Secretary: shall mean the secretary of state. See N.Y. General Business Law 89-F
- Security guard: shall mean a person, other than a police officer, employed by a security guard company to principally perform one or more of the following functions within the state:
a. See N.Y. General Business Law 89-F - Serious offense: shall mean any felony involving the offenses enumerated in the closing paragraph of this subdivision; a criminal solicitation of or a conspiracy to commit or an attempt to commit or a criminal facilitation of a felony involving the offenses enumerated in the closing paragraph of this subdivision, which criminal solicitation, conspiracy, attempt or criminal facilitation itself constitutes a felony or any offense in any other jurisdiction which if committed in this state would constitute a felony; any offense in any other jurisdiction which if committed in this state would constitute a felony provided that for the purposes of this article, none of the following shall be considered criminal convictions or reported as such: (i) a conviction for which an executive pardon has been issued pursuant to the executive law; (ii) a conviction which has been vacated and replaced by a youthful offender finding pursuant to Article seven hundred twenty of the criminal procedure law, or the applicable provisions of law of any other jurisdiction; or (iii) a conviction the records of which have been sealed pursuant to the applicable provisions of the laws of this state or of any other jurisdiction; and (iv) a conviction for which other evidence of successful rehabilitation to remove the disability has been issued. See N.Y. General Business Law 89-F
1. Application: file an application with the department sworn to or affirmed by the applicant in such form and including such information and attachments as may be prescribed or requested by the department upon consultation with the security guard advisory council including but not limited to the character and fitness, competence and employment history of the applicant;
2. Training: file a certificate with the department certifying either that the applicant has satisfactorily completed a minimum of eight hours of pre-assignment training as prescribed by the division or that such requirement has been waived in accordance with § 841-c of the executive law;
3. Age: be at least eighteen years of age;
5. Criminal record: not have been convicted of a serious offense, or of a misdemeanor in the state or of any offense in any other jurisdiction which, if committed in this state, would constitute a misdemeanor, and which, in the discretion of the secretary, bears such a relationship to the performance of the duties of a security guard, as to constitute a bar to employment;
6. Character and fitness: be of good moral character and fitness;
7. Competence: not have been declared by any court of competent jurisdiction to be incompetent by reason of mental disease or defect which has not been removed;
8. Employment history: not have been discharged from a correctional or law enforcement agency for incompetence or misconduct as determined by a court of competent jurisdiction, administrative hearing officer, administrative law judge, arbitrator, arbitration panel or other duly constituted tribunal, or resigned from such agency while charged with misconduct or incompetence; provided however, that an applicant who has been discharged or has resigned from such agency while charged with misconduct or incompetency may submit an explanation to the department and request a waiver of this requirement;
9. Disability: a physical or mental disability or disability by reason of intoxication or the use of, addiction to or dependence on alcohol or drugs which, as determined by the department, renders the applicant unable to perform the essential functions of the security guard position, with or without reasonable accommodation, or who, as determined by the department, poses a direct threat to health or safety;
10. Fees: pay (a) a fee of thirty-six dollars for processing of the application, investigation of the applicant and for the initial biennial registration period. Such fees shall be deposited to the credit of the business and licensing services account established pursuant to the provisions of § 97-y of the state finance law; and (b) a fee pursuant to subdivision eight-a of § 837 of the executive law, and amendments thereto, for the cost of the division's full search and retain procedures, and a fee as determined by the federal bureau of investigation for the cost of its fingerprint search procedures, which fees shall be remitted by the department to the division and federal bureau of investigation; and
11. Changes: give the department written notice, within fourteen calendar days of occurrence, of any change of circumstances which varies from the information previously given to the department hereunder.